United States
          Environmental
          Protection
          Agency
Office of Prevention,
Pesticides, And
Toxic Substances
(7501C)
EPA 735-B-93-005b
February 1994
&EPA  Review, Approval, and
          Evaluation of
          State Management Plans
                  Appendix A
           Appendix to the Guidance for Pesticides and
            Ground Water State Management Plans
                                   Recycled/Recyclable
                                   Printed with Soy/Canola Ink on paper that
                                   contains at least 50% recycled fiber

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Review, Approval, and Evaluation
   of State Management Plans

            Appendix A
     IMPLEMENTATION DOCUMENT FOR THE
    PESTICIDES AND GROUND WATER STRATEGY
            vvEPA
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
       OFFICE OF PESTICIDE PROGRAMS

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                                Contents



Chapter                                                               Page

  1   Introduction  	  1-1

      1.1    Overview of Generic and Pesticide State Management Plans
            (SMPs)	  1-1
      1.2    Generic State Management Plans (SMPs)	  1-1
      1.3    Pesticide State Management Plans	  1-3
      1.4    Legal Framework for State Management Plans 	  1-3
      1.5    Pesticide SMP Regulations	  1-5
      1.6    SMP Review Approach	  1-5
      1.7    SMP Implementation and Oversight Approach	  1-5
      1.8    Roadmap of Appendix A  	  1-7

  2   Overview of Review Process for State Management Plans  	  2-1

  3   Review of State Management Plans for Completeness  	  3-1

      3.1    Who Does the Completeness Review? 	  3-1
      3.2    What is the Time Frame of the Completeness Review?  	  3-1
      3.3    What Are the Procedures for the Completeness Review?	  3-1

  4   Review of State Management Plans for Content  	  4-1

      4.1    Who Does the Content Review? 	  4-1
      4.2    What Is the Time Frame for the Content Review?	  4-3
      4.3    What Are the Procedures for the Content Review?	  4-3
      4.4    Consistency with Conservation Compliance Plans (Pesticide
            SMPs only) 	  4-4

  5   Evaluation of State Management Plan Implementation	  5-1

      5.1    Pesticide SMP Biennial Report  	  5-1
      5.2    Pesticide SMP Biennial Report - Programmatic Evaluation	  5-2
      5.3    Pesticide SMP Biennial Report - Environmental Evaluation	  5-3
      5.4    Pesticide SMP Biennial Report Evaluation Process	  5-3
      5.5    Roles  and  Responsibilities for Evaluating Pesticide SMPs	  5-4
      5.6    Summary of Evaluation Outcomes  	  5-7
      5.7    Submittal of Monitoring Data to the EPA Pesticides in Ground
            Water Data Base  	  5-8
                                                                      Page i

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                        Contents (continued)



Chapter                                                             Page

  6   Updating State Management Plans  	   6-1

      6.1   The SMP Update  	   6-2
      6.2   The SMP Updating Process  	   6-2
      6.3   Roles and Responsibilities for Updating SMPs	   6-2

  7   Withdrawal of Approval for a Pesticide State Management Plan	   7-1

      7.1   The Withdrawal Process	   7-1
      7.2   Roles and Responsibilities for Withdrawing Pesticide SMP
           Approval 	   7-2
Page ii

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                             List of Tables

Table                                                                 Page
  1    Key Participants in SMP Review and Approval Process	   2-3
  2    Responsibilities for Review and Approval Process	   2-4

                             List of Figures

Figure                                                                Page
  1    Sources of Guidance on SMPs	   1-4
  2    SMP Process	   1-6
  3    Review and Approval Process for Pesticide SMPs	   2-2
  4    Regional Completeness Review Process for SMPs  	   3-2
  5    Regional Content Review Process for Pesticide SMPs	   4-2
  6    Evaluation of Pesticide SMPs 	   5-5
  7    Data Elements for the Pesticides in Ground Water Data Base  	   5-9
  8    Update Process for  Pesticide SMPs 	   6-3
  9    Withdrawal Process for Pesticide SMPs	   7-3
                                                                     Page iii

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                                                                    Chapter 1
                                Chapter 1
                               Introduction
      This Appendix (Appendix A) to the Guidance for Pesticides and Ground Water
State Management Plans provides the procedures and time frames for EPA's review,
approval/concurrence, and evaluation of State Management Plans (SMPs). Specifically,
it describes a two-step review process and the roles and responsibilities of the Regions
and States. It also contains biennial review procedures for evaluating the implementation
of SMPs to determine  whether  a State is  successfully protecting  its ground water
resources from pesticide contamination.  In addition, this Appendix presents methods for
States to update their SMPs, should this become necessary.  Finally, it outlines the
conditions that might lead to withdrawal of approval for a Pesticide SMP and procedures
for States to prevent or  remedy such a withdrawal.

      Appendix A represents EPA guidance to States on the review, approval,  and
evaluation of Generic  and Pesticide SMPs.  Some of this  information  will also be
proposed for public comment in an upcoming regulation specifying pesticides for which
a Pesticide SMP will be required.  This guidance document does not establish a binding
norm -- Agency decisions to approve or disapprove Pesticide SMPs will be made on a
case-by-case basis by applying the regulation to the specific facts of the case.

1.1   Overview  of   Generic and  Pesticide  State  Management Plans
      (SMPs)

      There are two types of SMPs: Generic SMPs that address the SMP components
in generalized terms and Pesticide SMPs that address specific pesticides. Both types of
SMPs consist of twelve components that must be addressed to varying degrees to reflect
the degree of risk represented by the differences in aquifer sensitivity,  pesticide use, and
agronomic practices in  a particular State. The components of SMPs are discussed in
detail in the Guidance for Pesticides and Ground Water State Management Plans  (see
Chapter 3).

1.2   Generic State Management Plans  (SMPs)

      States are strongly encouraged to take the initiative voluntarily in the development
of Generic SMPs even before EPA requires Pesticide SMPs through a chemical-specific
regulatory action.  In addition, FIFRA ground water-related and CWA Section 106 (ground
water)  grant funds are available  to support activities to  develop a Generic SMP
(requirements for FIFRA grant funds are described in the Agency document Consolidated
Pesticide Cooperative Agreement Guidance, issued annually by the  Office of Pesticide
Programs).

      EPA acknowledges that development of Pesticide SMPs initially will be time- and
resource-intensive. Therefore, EPA encourages  States to begin developing a Generic
                                                                     Page 1-1

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Chapter 1
SMP prior to identification of a specific pesticide of concern.  A Generic SMP should
assist the State in preparing for the eventuality that SMPs are required for specific
pesticides of concern.

      EPA believes that certain aspects of each SMP component will be generic within
a State regardless of the specific pesticide in question. Under a Generic SMP, a State
will address all SMP components, but will cover those elements in generalized terms that
are not specific to a particular pesticide. For example, the Generic SMP could describe
fully the  State's general philosophy  and goals toward protection of ground  water;
describe fully the various agencies and entities involved in SMP implementation and their
responsibilities for carrying out the SMP, including coordination mechanisms; and set
forth a detailed scheme of varying degrees of preventive measures, educational efforts,
and pesticide use and agronomic practices the State may employ in a Pesticide SMP.
The Generic Plan should also give  schedules and  milestones.  Moreover, the Generic
SMP needs to go beyond a planning document. States should use the Generic SMP to
put in place the resources and coordinating mechanisms that will be required to develop
and implement a Pesticide SMP. A Generic SMP, for example, might provide the State's
program and time frame for mapping its ground water resources and even describe their
basic operations;  a  Pesticide SMP  would  require the mapping program to be in
operation.

      EPA does not intend to require that Generic SMPs be submitted for concurrence.
However, EPA  strongly encourages States  to  seek  EPA  review, comment,  and
concurrence on their Generic SMPs. .This will not only facilitate EPA's review of  future
Pesticide SMPs, but will also ensure that States have adequate time to develop  the
pesticide-specific information within the time allowed once a pesticide is identified as
requiring an approved Pesticide SMP for continued use. If a State is required to have an
approved Pesticide SMP and fails to gain approval, legal sale and use of that pesticide
within the State will not be permitted. Thus, to assist in ensuring the continued availability
of a pesticide of concern, EPA encourages States to develop Generic SMPs prior to the
need for a Pesticide SMP.

      Finally, development of Generic SMPs will complement the overall Ground Water
Protection Principles and their objective of implementing Comprehensive State Ground
Water Protection Programs (CSGWPPs) because many of the components that would be
adequately addressed in a Generic SMP are activities that also need to be defined within
the  context of  a CSGWPP.   The  Agency  believes  that developing  coordination
mechanisms within the States, outlining responsibilities and authorities, and working with
the Agency toward an acceptable SMP will accomplish two critical objectives:  (1) it will
improve  a State's institutional framework for coordinating all ground water activities (i.e.,
program enforcement, ground water classification/mapping, monitoring, etc.), which will
better prepare the States to focus prevention and source reduction measures on areas
of ground water vulnerability and high  use and value; and (2) it will build the relationships
necessary to comprehensively manage ground water as a resource within the States and
between the States and federal government.
Page 1-2

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                                                                     Chapter 1
1.3   Pesticide State Management Plans
      EPA will invoke the SMP approach for a specific chemical if:  (1) the Agency
concludes from the evidence of a chemical's contamination potential that the pesticide
"may cause unreasonable adverse effects to  human health or the environment" in the
absence of effective local management measures; and (2) the Agency determines that,
although labelling and restricted use classification measures are insufficient to ensure
adequate  protection  of  ground water resources, national cancellation  would not  be
necessary  if States assume the management of the pesticide in sensitive areas to
address effectively the contamination risk.  If EPA invokes the SMP approach for a
specific chemical, its legal sale and use would be confined to States with an EPA-
approved Pesticide SMP.

      As with Generic SMPs, Pesticide SMPs must address all twelve components as
illustrated in Figure  1.   However,  a Pesticide  SMP  should contain all the generic
information  appropriate  to the Generic  SMP  plus all the information specific  to the
pesticide of concern. If EPA determines that a Pesticide SMP is necessary for a specific
pesticide, both the generic and specific aspects of the SMP components will have to be
addressed in order for the Pesticide SMP to be deemed adequate.  In addition, the
Pesticide SMP must demonstrate that a State's programs are in place  and operating to
protect ground water from pesticide contamination.  Pesticide SMPs will be allowed a
substantial range of flexibility in the form and manner  of their assessment, prevention,
monitoring, and response actions,  reflecting each State's  ground  water protection
philosophy and differing regulatory approaches. Further, the components may vary in
detail in relation to the prospective magnitude of the ground water contamination threat.

1.4   Legal Framework for State Management Plans

       Two provisions of FIFRA support the use of Pesticide SMPs as a condition of initial
registration, continued registration, or legal availability of  a pesticide.  These are  the
restricted use provisions under Section 3, and the cancellation provision under Section
6 of the  Act.  Under Section 3 "other  regulatory restrictions" authority,  EPA would
undertake a rulemaking, with publication in the Federal Register (FR), of the details of the
proposed action and opportunity for public comment, to classify one or more pesticides
for restricted use.  SMPs would be specified as part of the restrictions required.  The
basis for the action is a determination that the reduction in risk outweighs the decrease
in benefits (this may be  quantified as an  increase in costs) imposed by restrictions.

       The Section 6 approach is to propose cancellation of the pesticide, unless there
is an approved SMP in  place.  The basis for the action is a  determination that, as the
pesticide  is currently used, its risks outweigh benefits, and  cancellation is warranted.
However, use under an approved SMP is found to  have an  acceptable balance of
benefits over risks.
                                                                       Page 1-3

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"D
0)
                    Figure 1
        Sources of Guidance on SMPs
                                                                                                                     o
                                                                                                                     0)
                                                                                                                     -&
                                                                                                                     to
                                                                     1.  Philosophy and goals
                                                                     2.  Roles and responsibilities
                                                                     3.  Legal authority
                                                                     4.  Resources
                                                                     5.  Assessment and planning
                                                                     6.  Monitoring
                                                                     7.  Prevention
                                                                     8.  Response
                                                                     9.  Enforcement mechanisms
                                                                     10. Public awareness and participation
                                                                     11. Information dissemination
                                                                     12. Records and reporting
   Guidance for
  Pesticides and
  Ground Water
State Management
        Plans
                                                                                                        Assessment,
                                                                                                         Prevention,
                                                                                                       Monitoring, and
                                                                                                          Response
                                                                                                       Components of
                                                                                                      State Management
                                                                                                            Plans
Review, Approval,
 and Evaluation
     of State
  Management
     Plans
Appendix
     A
Appendix
     B
                                                                                                                      F3N006-1

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                                                                     Chapter 1
      In actions under either Section 3 or Section 6, the SMP requirement is referenced
on the product label, so that the product can be legally used only in States with an
approved SMP.

1.5   Pesticide SMP Regulations

      EPA plans to publish a rule in the Federal Register declaring that sale and use of
certain pesticides are prohibited as of a specific date, except in States that have an EPA-
approved  Pesticide SMP for that  pesticide.  This means that a State must have an
approved SMP in place by this date if it wants to continue using the pesticide in question.
States can submit plans after the deadline; however, the pesticide in question cannot be
used in a State  between the deadline date, which is specified in the regulation, and final
approval of the  Pesticide SMP. Further, if the State submits the SMP before the deadline
date but does not submit the SMP in time for the 180-day Regional review, the State risks
losing use of the pesticide.  An overview of the SMP Process is provided in Figure 2.

1.6   SMP Review Approach

      EPA will be flexible in its review of SMPs, recognizing that different approaches and
philosophies can obtain the same environmental results. The Agency realizes that States
will need to tailor prevention measures to local ground water vulnerability,  current and
future use and value of ground water, pesticide use and agronomic characteristics and
institutional characteristics.  EPA Regions will work closely with States to advise and
provide technical assistance in the development of plans and will review advance drafts
of Generic and Pesticide SMPs before official  drafts are submitted.  Further, the review
and approval process, as envisioned by the Agency, will be characterized by a high level
of interaction  between the Regions and  States,  with Regional Program  Offices
providing States with significant feedback.

1.7  SMP Implementation and Oversight Approach

      For Pesticide SMPs,  EPA will require SMP Biennial Reports that will be used by
EPA Headquarters and Regional staff and State officials to evaluate a State's effectiveness
in protecting its ground water resources from  pesticide contamination.  In addition, the
Agency can determine through the evaluation  process  if the SMP needs to  be updated.
SMP implementation is meant to improve with expanding knowledge about the ground
water resource and increasing technological advances.  At the same time, SMPs may also
need to remain consistent with  changing  State  ground  water priorities and legal
authorities. However, if a State's Pesticide SMP fails to afford the proper protection of the
ground water resource and the State does not correct these deficiencies, then approval
of the SMP may be withdrawn, effectively leading to a  prohibition on the legal sale and
use  of the pesticide in the State.
                                                                       Page 1-5

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Chapter 1
                                        Figure 2
                                     SMP Process
  Regions
  Advise
    and
  Provide
 Technical
 Assistance
  to States
  During
   SMP
Development
                                State Develops and Implements
                           Voluntary Generic State Management Plan
                Proposed Rule Published
              Identifying Proposed Pesticides
                   Final Rule Published
(Effective Date for Implementation of Pesticide SMP Established)
                           I
                   State Notifies EPA of
              Intent to Develop Pesticide SMP
                           *
             State Develops Pesticide SMP and
       Submits SMP to Region for Review and Approval
                           I
              Region Reviews Pesticide SMP

                           i
              Region Approves Pesticide SMP
                           t
      State Implements Pesticide SMP by Effective Date
                           I
           Region Conducts Biennial Evaluation of
                   State's Pesticide SMP
                           J
          If necessary, Region and State Coordinate
               Updates to the Pesticide SMP
 Page 1-6

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                                                                   Chapter 1
1.8   Roadmap of Appendix A
            Chapter 2  provides a  discussion of the review process,  with
            particular emphasis on the roles and responsibilities of participating
            offices and agencies and on the general review process.

            Chapter 3 provides a summary of the completeness review process.

            Chapter 4 provides a summary of the content review process.

            Chapter 5 provides a discussion of the evaluation process.

            Chapter 6 discusses the process for  updating an SMP.

            Chapter 7 addresses the process for withdrawing approval of an
            SMP for an approved SMP.
                                                                     Page 1-7

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  	Chapter 2


                                Chapter 2

   Overview of Review Process for State Management Plans
      The EPA Assistant Administrator for the Office of Pesticides, Prevention and Toxic
Substances (OPPTS) has delegated final approval and disapproval authority for Pesticide
SMPs and concurrence authority for Generic SMPs to EPA's Regional Administrators.
Generic and Pesticide SMPs are reviewed separately. States submitting Pesticide SMPs
that reference their Generic SMPs are required to submit a copy of the Generic SMP,
regardless of whether or not the Agency has concurred with the Generic SMP.

      The Regions will use a two-step process for the review and concurrence of Generic
SMPs  and for the review and approval  of  Pesticide SMPs.   The first step,  the
completeness review, is a quick assessment of the submitted SMP to ensure that the
State has addressed all 12 components of an SMP. This process is discussed in Chapter
3. The second step, the content review, is a more thorough examination of the SMP to
determine whether it adequately addresses each of the 12 components of an SMP and
therefore is likely to protect the ground water resource from pesticide contamination. The
content review process is discussed in  Chapter 4.  States  are encouraged to submit
drafts to the Regional Lead  Office on an unofficial basis for review.

      Figure 3 presents an overview of the Regional review and approval process for
Pesticide SMPs.  The  review of Generic SMPs will follow a similar process. Because
Generic SMPs are voluntary, however, EPA will only concur on them, rather than formally
approve them.  In addition, EPA, with the State, will set the timeframes for the review and
concurrence process.  Also, EPA does not plan to publish a Federal Register  notice
announcing its concurrence with Generic SMPs. Such an announcement will follow the
approval of Pesticide SMPs.

      The individual key participants in the review and approval process are identified
in Table 1.  The responsibilities of these participants are presented in Table 2.

      In the review process, EPA Headquarter's role is quite limited.  The Regions are
in the best position to  evaluate an SMP within the context of the unique hydrogeologic
and institutional characteristics of each State. To ensure some national consistency and
to determine which issues  need additional clarification in  the beginning of program
implementation, EPA Headquarters will be more involved in helping Regions in the review
of initial Generic and  Pesticide SMPs.   After  program implementation  is underway,
Headquarters will still  be available to  provide specific national  policy guidance and
technical expertise at the Regions' request.

      The central responsibility for conducting the review of SMPs will be on the Regional
Lead Office, which in  most cases will be the  Pesticides Office.  However, the other
Regional Program Offices with ground water-related programs will provide the Regional
                                                                      Page 2-1

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(Q
(D
10
ro
                       Figure 3
Review and Approval Process for Pesticide SMPs
Region
Works Closely
with State
In Advising
and Providing
Technical
Assistance for

Pesticide SUP (PSMP)
Development










State
Develops
PSMP and
Submits It
to the
Regional
EF
A
Administrator

i

1
State
Addresses
Deficiencies







Regional
Lead Office
Determines If
PSMP
Addresses

All 12
Components

. M





|


                                                         ^k Components? ' J
                                        Region
                                      Reviews PSMP
                                      to Determine If
                                       State has
                                       Adequately
                                       Addressed
                                        All 12
                                      Components?
 Has State Met
Adequacy Criteria
  for All 12
 Components?
                                  O
                                  Q>

                                  1
                                  ro
  Regional
 Administrator
Approves PSMP
                                                                            The Review Process has Two Steps:
                                                                            1) A Short Completeness Review; and
                                                                            2) A Detailed and Careful Content Review.
                                                                            The Whole Process Should Take No More
                                                                            than 180 Days
                       COMPLETENESS REVIEW
                               30 DAYS
                                       CONTENT REVIEW
                                           150 DAYS

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                                                                        Chapter 2
Lead  Office with assistance in conducting the review.  This assistance will  involve
providing technical expertise in certain parts of the review.  For example, the Regional
Ground Water Office will assist in  determining  the adequacy of the ground water
vulnerability assessment and monitoring components, while the Regional Counsel will
assist in determining the adequacy of the legal authorities of an SMP.  In addition, each
office would be able to inform  the Regional Lead Office  if  the SMP  contradicts
requirements under  other EPA programs.  The Regional Ground Water Coordinating
Committee, or another type of formal mechanism for coordinating Regional ground water
programs,  will provide active assistance to the Regional Lead Office in the review of
SMPs.

         Table 1. Key Participants  in SMP Review and Approval Process
   Regional Ground Water Coordinating Committee/Regional Program Offices:  Regional
   Ground Water  Coordinating Committees  are  formally  established  committees  that
   coordinate ground water protection activities across Regional Program Oftfees that may
   include ground water, drinking water, nonpoint source, pesticides, regional counsel, and
   other offices, For SMP review and approval, this Committee, or a similar coordinating
   mechanism, will assist  the Regional  Lead  Office in reviewing SMPs and In  ensuring
   consistency between the SMP and the other State-implemented water programs.

   Regional Lead Office: The Regional Administrator wilt designate a Regional Lead Office
   that will have 81 Jead In coordinating the review, approval/concurrence* and evaluation of
   an SMP.  in most cases, the Regional Lead  Office will be the Pesticides Office.

   Regional  Administrator:   Designates  the Regional Lead Office and provides  final
   approval/disapproval for each Pesticide SMP and concurrence/nonconcurrence for each
   Generic SMP,

   State Liaison:  The Administrators of key State agencies appoint an individual or office as
   Stale Liaison, Tnis entity coordinates all formal communication on %w SMP development
   and review processes with the Region and Headquarters,  The State Liaison must be
   Identified in the SMP,
                                                                         Page 2-3

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Chapter 2
            Table 2.  Responsibilities for Review and Approval Process1
                 STEP
                RESPONSIBILITY
   Step 1:  State develops and submits
           SMP  to   the  Regional
           Administrator (RA). (Generic
           and Pesticide SMPs)
Regional  Program   Offices:
assistance during development.
Provide  technical
State Liaison:    Submits SMP  to EPA  Regional
Administrator and Regional Lead Office. Administrators
of key State agencies should have concurred with the
SMP.

EPA Regional Administrator: Transfers submittal to the
Regional Lead Office.  Instructs Regional Lead Office to
assemble  a  review  team  that represents  Regional
Program Offices.
   Step 2:  Region reviews the SMP to
           determine  whether  all   12
           components  have  been
           addressed   (completeness
           review).   (Generic  and
           Pesticide SMPs)
Regional Lead Office: Conducts completeness review.
Notifies the State Liaison either that the SMP is complete
and that the Region has begun the content review, or
that the SMP is incomplete and the State must address
the deficiencies.

State Liaison: Resolves with Regional Lead Office any
questions  that  might arise and revises SMP  if
incomplete.
    1  Activities that relate solely to the Generic SMP concurrence process are in italics.
Everything else applies to both a Generic and a Pesticide SMP, unless otherwise noted.
Page 2-4

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                                                                             Chapter 2
   Table 2.  Responsibilities for Review and Approval Process (continued)
              STEP
                 RESPONSIBILITY
Step 3:  Region   conducts  content
        review.      (Generic   and
        Pesticide SMP)
Regional Lead  Office:   Develops schedule and time
frame (within the  time allotted in the regulations)  for
content review and coordinates review with the Ground
Water Coordinating Committee or other offices. Confers
with  the State on  issues of concern  raised during the
content review.

Regional  Ground Water   Coordinating  Committee/
Regional Program Offices:  Participate in content review,
supply required expertise, and verify that the SMP is not
in conflict with other laws or programs.

Headquarters: Provides assistance when conflicts arise
in the review process.

State Liaison:  Confers  with Regional Lead Office to
discuss  changes   necessary  for  Regional  approval/
concurrence  of the  SMP.   Provides  information  as
necessary to assist Region.

Regional   Administrator:      Approves/concurs  or
disapproves/non-concurs  on   SMP   based   on
recommendation from the Regional Lead Office.
                                                                              Page 2-5

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Chapter 2
      Table 2. Responsibilities for Review and Approval Process (continued)
                                                        RESPONSIBILITY
  Step 4:  If the Regional Administrator
           approves the Pesticide SMP,
           the Regional Administrator
           sends a Notice of Availability
           and Approval to the Federal
           Register  and a  letter  of
           notification  to all  key State
           administrators who signed
           the SMP.2   The  Regional
           Lead Office notifies the State
           Liaison   of   the   Regional
           Administrator's decision.  If
           the RA does not approve the
           Pesticide SMP, a letter  of
           notification is  sent to the key
           State administrators.  If the
           Pesticide  SMP   is  not
           approved, the State has the
           opportunity to revise and re-
           submit the SMP.  (Pesticide
           SMP)

           The Regional  Administrator's
           concurrence/nonconcurrence
           on the Generic SMP is not
           submitted  to the  Federal
           Register.     Rather,  the
           Regional Administrator will
           notify the Slafe Liaison and
           Key  State Administrators  in
           writing   that   EPA  either
           concurs or nonconcurs with
           the  Plan.     If   the   RA
           nonconcurs with the Plan, the
           State has the opportunity to
           revise  and  re-submit  the
           Generic  SMP.     (Generic
           SMP)
Regional Administrator:   Notifies State of Region's
decision.  For Pesticide SMP only, submits  Notice of
Availability and Approval to the Federal Register.
Regional Lead Office:
decision.
Notifies State Liaison of Region's
Regional Administrator: Notifies key State agencies of
concurrence/nonconcurrence or approval/disapproval.
    2 Note:  EPA is currently exploring the possibility of a federal Notice of Availability and
Comment for specific Pesticide SMPs in addition to a State public participation process.
Page 2-6

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                                                                 Chapter 3
                               Chapter 3
     Review of State Management Plans for Completeness
      This chapter describes the completeness review, including its participants, time
frame, and process.  The completeness review is a quick assessment of the SMP to
determine whether the SMP addresses all of the necessary 12 components. It is the first
phase of the two-phase - completeness and  content - review process.  States are
encouraged to submit drafts to the Regional Lead Office on an unofficial basis for informal
review.

3.1   Who Does the Completeness Review?

      The Regional  Lead Office will review both Generic and Pesticide SMPs for
completeness.

3.2   What is the Time Frame of the  Completeness Review?

      The Region will review Pesticide SMPs for completeness in 30 calendar days from
the date the State submits the SMP.  For Generic SMPs, the Region and State will need
to set their own time frame on the completeness review.

3.3   What Are the  Procedures for the Completeness Review?

      The Regional Lead Office will perform a quick assessment of the Plan to determine
whether it  includes a discussion of ajl 12 program components. If the Regional Lead
Office determines that the SMP addresses all components, it will notify the State Liaison
that all 12 components are addressed and that the Region will begin the content review.
If, on the other hand, the Regional Lead Office determines that the SMP does not address
all 12 components, the Regional Lead Office will request that the State Liaison submit the
missing components. The State Liaison then will submit an official copy of the revised
SMP to the Regional Administrator and to the Regional Lead Office (to expedite the
Regional review).  Once the State addresses the missing components and the SMP is
complete, the content review may proceed. Figure 4 illustrates the completeness review
process.
                                                                  Page 3-1

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(0
CD
ro
                           Figure 4
Regional Completeness Review Process for SMPs
                                                                          o
                                                                          I
                                                                          CO
                 Submits
                 SMPto
                 Regional
               Administrator
   Regions!
  Lead Office
  Determine* If
 SMP Addresses
all 12 Components
    Does
  SMP Address
all 12 Components?
                                                                    No
                  State
                Addresses
                Deficiencies
                             SMP
                            Review Is
                           Halted Until
                          State Addresses
                           Deficiencies
   Regional
 Administrator
Notifies State that
 Content Review
  has begun
Content Review Process
                               The Completeness
                            Review Ensures that all
                              Elements of the SMP
                                 are Addressed
                                                       30 DAYS FOR PESTICIDE SMPs

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	Chapter 4


                                 Chapter 4

         Review of State Management Plans for Content


      The Region will review both Generic and Pesticide SMPs to determine whether the
SMP establishes a plan of action that will result in meeting FIFRA's environmental goal.
As discussed in the Pesticides and Ground Water Strategy, the environmental goal is to
prevent contamination of ground water resources that presents adverse effects to human
health and the environment.

      In the second stage of the review process, the content review,  the Region will
evaluate the description of each of the 12 SMP components to determine whether these
components together will adequately meet the environmental goal.  As part of this review
process, the Region will use the adequacy criteria outlined in the Guidance for Pesticides
and Ground Water State Management Plans to evaluate the  12 components. However,
EPA recognizes that the extent to which each component is discussed and the level and
stringency of pesticide management depends on a number of factors, including the
State's ground water protection  philosophy, ground water vulnerability, degree of
pesticide use, agronomic practices, and the uses and value of ground water in the State.
Therefore, EPA will be flexible in its review of SMPs, accepting that different approaches
and philosophies can attain the same general environmental goal.

      The content review process for a Pesticide SMP is presented in Figure 5.

      Chapter 4 includes the following sections:

           Section 4.1 describes who is involved in the content review;

           Section 4.2 discusses the time frame of the content review;

           Section 4.3 outlines the content review process; and

           Section 4.4 describes the process for ensuring that Pesticide SMPs
            are consistent with USDA Conservation Compliance Plans in each
            State.

4.1  Who Does  the Content Review?

      The Regional Lead Office, designated by the Regional Administrator, will coordinate
the Regional review of both the Generic and Pesticide SMPs. The Regional Lead Office
will have the responsibility for developing a schedule for the review, integrating comments
of the Regional Program Offices involved in the review, and recommending to the
Regional Administrator whether to approve or disapprove the Pesticide  SMP, or concur
or nonconcur on the Generic SMP.
                                                                     Page 4-1

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                                              Figure 5
             Regional Content Review and Approval Process for SMPs
   Ragtonal Lead Office
     Initiate* Content
       RWNW by*
   1) Notifying th* State
   Ualeon Program Offlo*
 tNrt the Generic SMP (GSMP)
or ttw PMtteMo SMP (PSMP) I*
Complete and that the Content
  Review to Underway; and
   2) Aeaurlng Appropriate
     Participation In
     Ravlaw by other
  Ground Water Program*
    Has the
    State mat
Adequacy Criteria tor
    each SMP
   Component?
     Does
    the State
 Agra* to Address
  Deficiencies?
                                 GSMP does not
                               receive concurrence.
                                      or
                                  PSMP la not
                                 Approved; Sale
                                 and Use of the
                                  Pesticide In
                                  Question la
                                   Prohibited
RA Concurs on GSMP.
      or
   RA Approve*
 PSMP and Publish**
 Notice of Approval
 and Availability In
 FR;U*eof Pecttelde
 Continues under the
 Terms of the PSMP
                                                              State

                                                            Deficiencies
                                 The Content Review
                                is an Evaluation of the
                                Adequacy of the PSMP
                            to Meet the Environmental Goal
                                  150 DAYS FOR PESTICIDE SMPs

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	  Chapter 4


      The Regional Program Offices, which include the Offices of Pesticides, Ground
Water, Drinking Water, and Regional Counsel, will assist the Regional Lead Office in the
content review by providing expertise as necessary and ensuring consistency between
the SMP and other State-implemented water programs.

4.2  What Is the Time Frame for the Content Review?

      For Pesticide SMPs, the Region will perform both the completeness and content
review of a Pesticide SMP within 180 calendar days of receiving the Pesticide SMP from
the State. As discussed in Chapter 3, the Region will undertake the completeness review
first and must conclude this review within 30 calendar days of receiving the SMP.  This
allows the Region a minimum of 150  calendar days to determine the adequacy of the
SMP.  Should the Region conclude the completeness review earlier than 30 calendar
days, the Region may use the remaining days in addition to  the 150 calendar days to
determine the adequacy of the SMP.

       For Generic SMPs, the Region  and the State will need to set a time frame for the
content review.

4.3  What Are the Procedures for the Content Review?

      After notifying the State Liaison that the SMP is complete, the Region will begin its
review of the SMP components to determine if the adequacy criteria are met for  each
component.  The Regional Ground Water Coordinating Committee and the Regional
Program Offices will provide expertise and assistance as necessary during the content
review process. After the content review, the Regional Administrator will decide whether
to approve/concur on the Pesticide or Generic SMP.

       If the  Regional review concludes that the Pesticide SMP is adequate, the Regional
Administrator will send a letter notifying the State Liaison and the administrators of the key
State agencies.  If the  Regional  review concludes that the SMP  is inadequate, the
Regional Lead Office will work with the State Liaison to address those areas that are of
concern to the Region. If the Region and State fail to reach a consensus on a Pesticide
SMP, the Regional Administrator will send a letter of notification to the State Liaison and
the administrators of the key State agencies indicating that  EPA will not approve the
State's Plan.  Without approval by the "SMP effective date," pesticide sale and use will be
prohibited in the State. The State will reserve the option to revise and re-submit the Plan.

       If the  Regional review concludes that the Generic SMP is adequate, the Regional
Administrator will notify the State Liaison and all key State Administrators who signed the
SMP that EPA concurs with the submitted Plan.  If, however,  the  Regional review
concludes that the Generic SMP is inadequate, the Regional Lead Office will work with
the State Liaison to address those areas that are of concern to the Region.  If, after
negotiation,  the Region and  State do not reach a consensus on the Generic SMP, the
Regional Administrator will not concur with the Generic SMP.
                                                                      Page 4-3

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Chapter 4


4.4   Consistency with Conservation Compliance Plans (Pesticide SMPs
      only)

      In developing Pesticides State Management Plans, States should work with the
USDA Soil Conservation Service State office to ensure that the management measures
in USDA Conservation Compliance Plans (CCPs) and Pesticide SMPs are coordinated
closely. CCPs are required under the Food and Security Act of 1985 for farms with highly
erodible land in order to remain eligible for USDA benefits. Because both programs may
manage pesticides differently in the same geographical areas, there is some potential for
conflicting pesticide management measures.  For example, the  Pesticide SMP may
include prohibitions on use during  certain times of the year. A CCP may not have these
restrictions on pesticide use but may have other restrictions that the Pesticide SMP does
not have in that same geographical area. States must acknowledge in  Pesticide SMPs
that they have worked with the Soil Conservation Service and that pesticides measures
complement each other or do not  conflict.

       If State Agencies and the USDA Soil Conservation Service State  office could not
reach an agreement on management measures to be applied to a specific area, the State
should explain this in its SMP. In making a determination regarding whether management
measures have been coordinated between the two programs,  EPA will provide the USDA
Soil Conservation Service with an opportunity  to elevate disputes regarding Pesticide
SMP management measures to the EPA Administrator.
Page 4-4

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                                                                   Chapter 5
                                Chapter 5

     Evaluation of State Management Plan Implementation
      Periodic evaluations of the implementation status of Generic and Pesticide SMPs
should provide a basis for measuring the State's progress toward protection of ground
water resources from pesticide contamination.  In general, the evaluations serve the
following functions:

           Provide an assessment of the status of implementation efforts;

           Determine the environmental effectiveness and the level of ground
            water protection provided by an implemented Pesticide SMP; and

           Ensure national consistency.

This chapter includes the following sections:

           Section 5.1 provides an overview of the two evaluation components
            of the Pesticide SMP Biennial Report:  (1) programmatic evaluation
            and (2) environmental evaluation;

           Section  5.2 describes  in detail the  programmatic evaluation
            component for Pesticide SMPs;

           Section  5.3 describes  in detail the  environmental evaluation
            component for Pesticide SMPs;

           Section 5.4 describes the Pesticide SMP Biennial Report evaluation
            process;

           Section 5.5 discusses the role and authorities of participants in the
            evaluation process;

           Section 5.6 provides a summary  of the  potential outcomes of the
            evaluation process; and

           Section 5.7 discusses submitting monitoring data to EPA's Pesticides
            and Ground Water Database.

5.1   Pesticide SMP Biennial Report

      The Pesticide SMP Biennial Report will be required  for Pesticide SMPs  only.
Reoortino oroaress for the voluntary Generic SMPs will be performed through the FIFRA
                                                                    Page 5-1

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Chapter 5
grant process. SMP Biennial reports will be used by EPA Headquarters and Regional
personnel and State officials to evaluate a State's effectiveness in protecting its ground
water resources from pesticide contamination.  Information provided for the "normal"
FIFRA, CWA, and NPS reporting may be included in the SMP Biennial Report. The report
consists of the following two components:

           Programmatic Evaluation. This component of the Pesticide SMP
            Biennial  Report is designed  to  determine whether a  State is
            implementing all components  of its  SMP.   The programmatic
            evaluation will compare the actual implementation activities with the
            activities described in an EPA-approved Pesticide SMP.

            Environmental Evaluation.  This component of the Pesticide SMP
            Biennial  Report is designed to assess an SMP's effectiveness in
            preventing adverse effects to human health and the environment
            from pesticide contamination of ground water.  An environmental
            evaluation will use a number of  measures and  indicators  (e.g.,
            ground water sampling, ground water and soil monitoring, pesticide
            use statistics, and environmental indicators) to determine if the
            prevention measures in an SMP are protecting the ground water
            resource adequately.*  EPA realizes that  it will take time for the
            measures to have an environmental  impact and that the direct
            measurement of environmental progress may not be  obtainable in
            the first years of SMP implementation.

 5.2   Pesticide SMP Biennial Report - Programmatic Evaluation

       In preparing the programmatic evaluation component of the Pesticide SMP Biennial
 Report, a State should address each component of the SMP individually. A State should
 discuss the progress it has made in implementing each component in accordance with
 the adequacy criteria outlined in the SMP Guidance. In addition, the following information
 should be included in the State's SMP Biennial Report:

            Demonstration that all 12 components are fully operational to protect
            ground  water,  and a  discussion of  the accomplishments  and
            progress for each of the 12 components of an SMP;

            Identification of any special issues (e.g.,  change in  resources to
            implement the SMP, change  in legal  authority) within the  State
            regarding the SMP;

            Description of projected available resources for the next two years,
            with a comparison to the resources necessary to carry out the Plan;

            Description of any proposed modifications or updates to the SMP
            (See Chapter 6 for further information on updating SMPs);
Page 5-2

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                                                                    Chapter 5
           Data on  the number  of  inspections performed  to  determine
            compliance with provisions of the SMP, completed enforcement
            actions related to noncompliance, and a summary of findings; and

           Description of response actions taken for detections of the specific
            pesticide.

      In addition, a State may choose to highlight particular deficiencies of the SMP that
need to be addressed through modification or amendment of the SMP.  The State may
also discuss changes to the SMP that are  now possible as a result of an increased
understanding of the ground water resource and pesticide usage.  (See Chapter 6 for a
discussion of how SMPs are updated.)

5.3   Pesticide SMP Biennial Report - Environmental Evaluation

      States and EPA will use the environmental evaluation component of the Pesticide
SMP Biennial Report to determine if SMPs are successfully protecting ground water from
pesticide contamination.   EPA recognizes that direct measurement of progress in
environmental protection  may  not  be  obtainable  in the  first  few years of  SMP
implementation.  However, through  evaluation of pesticide usage data, ground water
monitoring results, and other environmental indicators, EPA hopes to draw conclusions
on the effectiveness  of Pesticide SMPs.

      In preparing the environmental component of the SMP  Biennial Report, a  State
should demonstrate that a Pesticide SMP is preventing the leaching of pesticides into the
ground water. The SMP Biennial Report should include the following:

           Results and analyses from ground water sampling and monitoring as
            well as a summary of significant finds which would prompt a State
            to increase its degree of oversight of use of the pesticide or modify
            its SMP; and

           An assessment of pesticide usage and whether use of the specific
            pesticide has increased, decreased, or remained essentially the
            same over the past two years.  (A change  in  usage, such as
            expansion to new crops or a decline in  pesticide use, might change
            the  needs of the SMP in the State).

      Because each Pesticide SMP will be evaluated for its environmental effectiveness,
a State should be certain to address specifically each pesticide in its SMP  Biennial
Report.

5.4   Pesticide SMP Biennial Report Evaluation Process

      States will  submit the Pesticide SMP Biennial  Reports for each of their Pesticide
SMPs to the Regional Lead Office at the same time as  End-of-Year Reports are due,
                                                                     Page 5-3

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Chapter 5
although on alternative years. If a State has more than one approved Pesticide SMP,
then the SMP evaluation should include programmatic and environmental evaluations
addressing each  approved  Pesticide  SMP.   Figure 6 provides an  overview  of the
evaluation process for Pesticide SMPs, which includes the following steps:

      Step 1.     The State submits SMP Biennial Report. The State may also develop
and submit a SMP Update Report (if applicable) for EPA review (see Chapter 6).

      Step 2.     Following the submission  of  a State's SMP Biennial Report, the
Regional Lead Office will organize and facilitate the evaluation with the Ground Water
Coordinating Committee and other Regional Program Offices. While the role of the other
Regional  Program Offices  and the Ground  Water  Coordinating Committee  in the
evaluation  process will vary from Region to  Region, in  general, the other Regional
Program  Offices  will assist  the  Regional  Lead Office  by  evaluating portions  or
components of the SMP Biennial fteport.

      The Regional Lead Office, in cooperation and conjunction with the Ground Water
Coordinating Committee and/or the other Regional  Program  Offices, will determine
whether the State is implementing and enforcing the SMP.  Following this determination,
the Regional  Lead Office will advise the Regional Administrator on the  evaluation.

      Step 3.     In some cases,  the Regional Lead Office may ask the State Liaison
to provide additional  information on the implementation or effectiveness of an SMP.

      Step 4.     The Regional Administrator provides a written notification to the State
Administrators on the outcome of the evaluation.

      If failure to implement the Pesticide SMP is a result of a lack of consistency of the
SMP with new State priorities, or if the provisions of the Pesticide SMP are not adequately
protecting ground water, the State  may consider  updating or amending the plan (see
Chapter 6 for a discussion of how SMPs are updated).

5.5  Roles and Responsibilities for Evaluating Pesticide SMPs

      State Liaisons are responsible for  preparing and submitting the Pesticide SMP
Biennial Report.   The participating State agencies may want to use State and federal
reports  for information for the SMP Biennial Report. The State Liaison does not have to
be the  same State Liaison  who coordinated with  the Region on SMP concurrence or
approval. The State Liaison should represent one of the key State agencies, a committee
in charge of coordinating SMP activities, or other relevant State organization.  The State
Liaison  must obtain concurrence from the  administrators of the key State  agencies that
play a role in implementing the SMP.  During the review, the Regional Lead Office may
ask the State Liaison for additional  information on the status and effectiveness of SMP
implementation.
Page 5-4

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                                                        Chapter 5
               Figure 6
Evaluation of Pesticide SMPs
Slat*
Submit*

Bknnlal
Report to
the Regional
Lead Office







Regional Lead Office
Organizes and

Conduct* the
Evaluation In
Cooperation
with Other Offices
                        lath*
                        State
                     Satisfactorily
                    Implementing the
                      Pesticide
                     SMP(PSMP)?
State Continues
   Use of
Pesticide Under
 Terms of the
   PSMP
                                                  State Continues
                                                     Use of
                                                  Pesticide Under
                                                   Terms of the
                                                     PSMP
                     Withdrawal
                      Process
                    (See Chapter 7)
                                                          Page 5-5

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Chapter 5
      In addition to the reporting requirements for the Pesticide SMP Biennial Report, the
State Liaison must immediately inform  the Regional Lead  Office of any significant
pesticide contamination detections (e.g., pesticide detections that include, but are not
limited to those that prompt a State to increase its degree of oversight of use of the
pesticide or modify its Pesticide SMP), progress on the investigation of and response to
these finds (e.g., information concerning the source of contamination and response), and
any inability of State agencies to implement aspects of the plan (e.g., loss of financial
resources).  The Regional Lead  Office may also request additional information on
programmatic activities and how States are using grants for SMPs as part of their normal
programmatic evaluation.

      The Regional  Lead Office is responsible for organizing and conducting the
evaluation. Its responsibilities include the following:

           Organizing and scheduling the evaluation process with the Regional
             Ground  Water  Coordinating  Committee  and/or other Regional
             Program Offices;

           Communicating  with  the  State, as  appropriate,  to  facilitate the
             evaluation process;

           Drafting  the final determination of an SMP evaluation  as well as
             writing a brief summary of the  evaluation;

           Notifying the State Liaison on the outcome of the evaluation; and

           If necessary, conducting joint,  on-site reviews  with each State as a
             follow up to the Biennial  Report evaluation in conjunction with the
             Regional Ground Water Coordinating Committee and other offices.

      The Regional  Administrator  will provide a written  notification to the  State
Administrators on the outcome of the evaluation.

      Regional Ground Water Coordinating Committee/Regional Program Offices will
assist in evaluating the progress the State has made in implementing the SMPs.  They
will work  with the Regional  Lead Office in reviewing progress in  implementing the
components of an SMP for  the programmatic evaluation and will  provide technical
expertise  in the environmental evaluation.  For  example, the Regional Ground Water
Protection  Branch might assist the Regional Lead Office in reviewing and evaluating the
ground water vulnerability and monitoring data provided by the State as part of the
environmental evaluation.  Program offices also will ensure that implementation of SMPs
and other State-implemented programs are consistent and do not duplicate efforts.  In
addition, the other  program offices may decide to conduct joint, on-site reviews with the
Regional Lead Office as a follow-up to the SMP  Biennial Report evaluation.
Page 5-6

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	   Chapter 5


      EPA  Headquarters can  provide  advice  and  guidance to the  Regions as
appropriate  in the evaluation process.  Headquarters will receive summaries of the
Regions' evaluations in order to assess periodically the national effectiveness of the SMP
approach. Headquarters may request full SMP Biennial  Reports to review when there is
a major national consistency concern.

5.6   Summary of Evaluation Outcomes

      The outcomes of the evaluations for Generic SMPs and Pesticide SMPs are
substantially different. For Generic SMPs, States and Regions identify, through the grant
application and negotiation process, aspects of the SMP that will be implemented using
grant funds.  Progress on  implementing these aspects  of Generic SMPs are evaluated
through  the FIFRA grant year-end reporting process.   If the State fails to carry out
activities agreed upon, then additional  grants given to the State for Generic SMP activities
may be withheld.  If failure to comply is a result of a lack of consistency of the SMP with
new State  ground water  priorities, the State and  EPA  should discuss updating or
amending the State's plan. (See Chapter 6 for Updating SMPs.)

      The following  is a  summary of the potential outcomes  of the  Pesticide SMP
evaluation process:

           Pesticide SMP is implemented and is successfully protecting the
             around  water resource.   If a State's  Pesticide SMP  is  both
             implemented and is preventing contamination that presents adverse
             effects,  then the State  may continue to manage the pesticide
             according to the requirements of the Pesticide SMP.

           Pesticide SMP is not implemented.  If a State fails to implement a
             Pesticide SMP, then the State should consult with the Regional Lead
             Office about carrying out the activities in a manner consistent with
             the approved Pesticide  SMP.  If the  State fails to carry out the
             activities, then  approval will  be withdrawn, effectively leading to
             prohibiting the legal sale and use of the pesticide in the State.  (See
             Chapter 7 for the Withdrawal of Approval of SMPs.)  Grants given to
             the State for  Pesticide SMP activities may  be withheld.  If failure to
             comply is a result of a lack of consistency of the Pesticide SMP with
             new State ground water priorities, then the State and  EPA should
             discuss the State's  updating or amending the plan (see Chapter 6
             for a  discussion on  how SMPs are updated).

           Pesticide SMP is implemented, but is not adequately protecting
             the ground water resource.  If an implemented Pesticide SMP fails
             to prevent contamination that will result in adverse effects over time,
             then the State should update the SMP (see Chapter 6 for Updating
             SMPs).  The updated  Pesticide SMP should include more stringent
             preventive actions (e.g., prohibitions  of use in  a geographic  area
                                                                      Page 5-7

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Chapter 5
            where contamination is found) to  protect the ground water from
            pesticide contamination.  If the State fails to update the Pesticide
            SMP and carry  out  the  revised activities, then approval of  the
            Pesticide SMP will be withdrawn (see Chapter 7 for a discussion on
            the withdrawal of SMPs), effectively prohibiting legal sale and use of
            the pesticide in  the  State.   Additional grant funding  under  the
            Cooperative Agreement and/or Clean Water Act Section 106 (ground
            water) may also be withheld.

5.7   Submittal  of Monitoring Data to the EPA  Pesticides in Ground
      Water Data Base

      EPA strongly encourages States to submit  a final or  interim  report  of their
monitoring data to EPA Headquarters' Pesticides in Ground Water Data Base (PGWDB)
during their Biennial Evaluation or at any other time. This EPA data base is a compilation
of monitoring studies from  States, industries, universities and other organizations.  EPA
Headquarters  has recently published an updated national summary report of the data
base and will publish other reports in the future.

      States wishing to submit monitoring data should provide a hard copy of a final or
interim report and the sample and well data in electronic format.  PGWDB data elements
are listed below. Electronic media should be accompanied by a description that includes
hardware compatibility (IBM, Apple, etc.), operating system (DOS, UNIX, OS2), format
identification (ASCII or software package name), and a data dictionary. Any information
provided to EPA Headquarters should also be provided (in hard copy) to the appropriate
EPA Regional office.  Anyone wishing to  provide comments or data  may  do so by
contacting Constance A.  Haaser,  U.S. Environmental Protection Agency, Office  of
Pesticide  Programs, Environmental Fate and Effects Division  (H75O7C), 401 M Street,
S.W., Washington D.C. 20460. (703) 305-5455 (tel) and (703) 305-6309 (fax).
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                                                                           Chapter 5
                                      Figure 7

          Data Elements for the Pesticides in Ground Water Data Base
                                       Well File
Study Number
Study Number(s)
Study Number
Study Title
Unique Well Number1
Unique Well Number1
Sponsoring Agency(ies)
State and County FIPS Codes2
Pesticide
Project Officer(s) (PO)
Latitude and Longitude
Concentration (ug/L)
PO Address(es)
Depth to Water Table (m)
Limit of Detection (ug/L)
PO Tetephone(s)
Well Depth (m)
Sample Date
USEPA Region
Depth to Top and Bottom of Screen
Interval (m)
Analytical Method8
Starting and Ending Dates
Well Type4
Origin of Contamination9
Publication Date
Abstract
Well Log and Other Information5

Altitude6
                                                                             Page 5-9

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Chapter  5
                                        Figure 7 (continued)
                                              Footnotes


  1.  This is a unique identifier assigned to each well in the well file.  Many States have assigned a unique identifier
     to wells sampled.  In these cases, the number was retained, and used in the PGWDB as that well's unique
     well number.

  2.  The Federal Information Processing  Standard (FIPS) alphabetic or numeric codes for States (example Ml is
     the alphabetic code for Michigan, 26  in the numeric code for Michigan). County codes are three digit numeric
     codes.

  3.  Coordinate representations that indicate a location on the surface of the earth using the equator (latitude) and
     the Prime Meridian (longitude) as origin. Coordinates are measured in degrees, minutes, and seconds with
     an indicator of north or south, and east or west.

  4.  Wells have been classified as follows:
         Drinking water public community  a system of piped drinking water that either has at least 15 service
              connections or serves at least 25 permanent residents;
         Drinking water public non-community  wells serving public facilities such as fire stations,  schools, or
              libraries;
         Drinking water private  privately owned wells serving a residence or farm;
         Non-drinking water monitoring  wells installed specifically for monitoring ground water; and
         Non-drinking water other  wells used for irrigation, industrial application, etc.

  5.  This field will allow storage of limited  well log or other information about the well,  such as construction details.

  6.  The vertical distance  from the National Reference  Datum to  the land surface  or other measuring point in
     meters.

  7.  Pesticides are tracked by their Chemical Abstracts System (CAS) number. There is also a cross-reference file
     that contains all pesticide synonyms  and other OPP reference numbers.  Any chemical that is currently or has
     ever been registered  as a pesticide by the  USEPA, OPP is eligible to be included  in the PGWDB.  Some
     chemicals might be more  commonly associated with industrial processes; however, if these chemicals are
     now or were previously registered and used as pesticides, monitoring results will  be included in the data base.

  8.  A short name, reference, or description of the analytical method which was used. This field is not intended to
     hold the entire method.

  9.  An origin of contamination is listed for each  analysis performed as follows:
         NFU  Known or suspected normal field use
         PS   Known or suspected point source
         LINK  Unknown source of contamination.
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                                                                    Chapter 6
                                Chapter 6
                 Updating State Management Plans
      Pesticide State Management Plans should be drafted so that they are self-adjusting
and should include a range of possible contingency plans that would be triggered by
pesticide detections in ground water, new information about pesticide usage patterns,
and ground water vulnerability, use, and value. Because plans will include a full menu
of options, the need for updating plans will probably not be a common event.

      Implementation of SMPs should, however, improve with expanding knowledge,
increasing technological advances, and greater understanding of ground water resources.
If the menu of options  in the SMP does  not meet  the State's ground water or other
needs, then States should consider updating their Generic and Pesticide SMPs.  The
following are some situations in which States may need to update plans:

           If the SMP evaluation determines that the provisions in a State's SMP
            do not adequately protect the ground water resource from pesticide
            contamination;

           If improved ground water vulnerability assessments or  monitoring
            methods, prevention technologies, or information concerning the risk
            posed by  a pesticide become available;

           If a State,  through  experience, finds  more effective ways to
            implement the SMP (e.g., disseminate information); or

           If other changes occur within a State, such as changes in roles and
            responsibilities, legal and enforcement frameworks, crop patterns,
            and/or crop  production  systems and technologies.

Chapter 6 includes the following sections:

           Section 6.1  discusses  the  Update  Report  associated with the
            updating process;

           Section 6.2 provides a summary of the SMP update process; and

           Section 6.3  delineates the  roles and  responsibilities  of the
            participants in the updating process.
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Chapter 6
6.1   The SNIP Update

      If a State is aware that an update is needed, then that update can be submitted
as part of the SMP Biennial Report, at any other time, or, if the Regional Lead Office
determines  through the evaluation process, or at other times that an SMP needs to be
updated, then the Regional Administrator can initiate the updating process by requesting
that a State submit an  SMP Update Report.  In every  case, the Update Report must
include:

           A description of the proposed changes;

           An explanation of why the changes are necessary;

           An analysis of  the impact the changes will  have on the other
            components of the SMP, the implementation of the SMP, and the
            protection of the resource;

           If changes will affect the pesticide user, a description of how they will
            be alerted to the changes in the SMP;

           If changes are significant, a description of how the State received
            public input on changes to the SMP; and

           Concurrences by all Administrators of the key State agencies.

Changes or updates  to both  Generic and Pesticide SMPs  must be  concurred or
approved by the Regional Administrator.

6.2   The SMP Updating Process

      The  State should develop and submit an SMP Update Report to the Region if the
Region or the State determines  that the SMP requires updating.

      If the changes to the Pesticide SMP are significant, then the Region publishes a
Federal Register Notice of Availability indicating that the State's Pesticide SMP has been
updated and describing the changes made. An overview of the SMP update process for
Pesticide SMPs is provided in Figure 8.

6.3   Roles and Responsibilities for Updating SMPs

      The  State Liaison is responsible for preparing and submitting SMP updates when
they are necessary. When the  Regional Lead Office needs further clarification on the
update, the State Liaison should be  prepared to provide  additional information.  In
addition, the State Liaison will  need to  respond to the  Regional Lead Office if it is
determined that the Update Report does not adequately address the deficiencies.
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                                                                       Chapter 6
                       Figure 8
   Update Process for  Pesticide SMPs
                                 Region or State Determines that
                              Pesticide SMP (PSMP) Requires Updating
                                  State Develops and Submits
                                     PSMP Update Report
                                  Region Assesses Adequacy of
                                     PSMP Update Report
State Addresses Deficiencies
                                RA Approves PSMP Update Report
                               and Publishes FR Notice of Availability
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Chapter 6
      The Regional Lead Office has lead responsibility for organizing and conducting
the assessment of the  update with the  assistance of the Regional  Ground Water
Coordinating Committee and other program offices.  Its responsibilities include:

           Notifying EPA Headquarters of significant updates to SMPs;

           Organizing and scheduling the review of an update with the Regional
            Ground Water Coordinating Committee and/or the other Regional
            Program Offices;

           Organizing contact with the State Liaison to facilitate the assessment
            process;

           Advising the Regional Administrator on what the final determination
            of an updated SMP  review should be; and

           If changes  are significant, organizing the publication of a Notice of
            Availability  for an updated SMP in the Federal Register  (for  a
            Pesticide SMP).

      The Regional  Administrator will provide the final determination on an SMP
update. The Regional Administrator is responsible for providing a written response to the
Administrators of key State agencies on the outcome of the review of the SMP update.
In addition, the Regional Administrator publishes a Federal Register notice indicating that
a State's  Pesticide SMP has been updated (if the changes to the Pesticide SMP are
significant).

      The  Regional  Ground Water Coordinating Committee/Regional  Program
Offices will assist in evaluating the proposed changes to a State's SMP.

      EPA Headquarters will not be directly involved in the updating process for SMPs.
However,  EPA Headquarters can provide advice and guidance to the Regions, as
appropriate.
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                                                                    Chapter 7
                                Chapter 7
                     Withdrawal of Approval for a
                  Pesticide State Management Plan
      If a Pesticide State Management Plan fails to meet the goal of the Pesticides and
Ground Water Strategy, then either the plan may need to be updated (see Chapter 6) or
the State must demonstrate that the SMP is being satisfactorily implemented. Withdrawal
of approval of an SMP is a phased process, and States will have ample opportunities to
respond to the Regions' requests and concerns to update or sufficiently implement the
SMP. Withdrawal of approval can occur when:

           The State fails to demonstrate that it is satisfactorily implementing the
            SMP;

           The State's SMP is not preventing adverse effects from pesticide
            contamination of ground water; or

           The State fails to address  deficiencies identified by the  SMP
            Evaluation  through   updating   the  SMP  and/or  improving
            implementation of the SMP.

7.1   The Withdrawal Process

      Before the withdrawal process commences, the State will have the opportunity to
respond to these deficiencies in its Pesticide SMPs through the SMP updating process
or by providing satisfactory assurances that implementation deficiencies will be corrected.
The  Regional Lead Office will work  closely with individual State  agencies or the State
Liaison to assist the State in updating the plan or in addressing deficiencies or gaps in
protection.  In the event that deficiencies and gaps are not addressed, then the Regional
Lead Office should notify the State Liaison that the Region may consider withdrawing the
Pesticide SMP.  Then, if the State  does  not  respond to the Region's concerns, the
Regional Administrator will  send a formal letter to the State Administrators initiating the
withdrawal of the Pesticide  SMP.  The notice will include:

           A statement concerning the potential withdrawal of the SMP;

           A listing of the deficiencies of the  SMP or a description of the failure
            of the Pesticide SMP to protect ground water;

           A brief summary of the events that led to the withdrawal notice (e.g.,
            failure to respond to SMP's deficiencies in the Biennial Report, failure
            to update the SMP adequately); and
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Chapter 7
           A time frame in which the State can respond to the deficiencies to
            stop the withdrawal process (e.g., time frames for submitting an SMP
            Update Report for improving implementation of the plan).

      The State must respond in writing to the notice with a commitment to address the
deficiencies in the SMP itself or in SMP implementation. If the SMP itself is deficient, the
State Liaison should submit an SMP Update Report and work with the Region to fulfill the
requirements of the updating  process (See Chapter 6 for a complete discussion of the
updating process). If the Pesticide SMP has not been properly implemented by the State,
the State must provide satisfactory assurances that  implementation deficiencies will be
corrected.  If the State does not respond, the Regional Administrator will send  a formal
letter to the State Administrators indicating that EPA  is  publishing a Federal  Register
Notice to announce withdrawal of the Pesticide SMP. Then, the Region will publish  a
Notice of Withdrawal in the Federal Register and prohibit the sale and use of the pesticide
in the State.  Figure 9 outlines the withdrawal process for Pesticide SMPs.

       States may appeal the initiation of the withdrawal to the Regional Administrator.
However, if the pesticide poses a high risk to human  health or the environment, sale and
use of the pesticide may be prohibited until EPA and the State reach an agreement on
how to address the SMP's deficiencies. If a State appeals the withdrawal, the State must
initiate a request to meet with the Regional Administrator within 60 calendar days from the
time the EPA Regional Administrator sends the letter initiating withdrawal.

7.2   Roles  and  Responsibilities  for   Withdrawing   Pesticide  SMP
       Approval

       State Liaisons are responsible for working with the Regional Lead Office and the
State Administrators to correct deficiencies and coordinating responses to the Regional
Administrator's letter initiating withdrawal.

       The Regional Lead Office has the lead responsibility for working with the State
to  correct deficiencies  and,  if necessary,  conducting  the withdrawal  process.  Its
responsibilities include:

             Working with the State Liaison in attempting to address deficiencies
             to  prevent  raising  issues  to  higher  management  levels and
             withdrawing the plan;

             Assisting the Regional Administrator in  initiating and completing the
             withdrawal process,  and working further with the State Liaison in
             addressing deficiencies;
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                                                                    Chapter 7
                        Figure 9
Withdrawal Process for Pesticide SMPs
    Regional Lead Office Notifies the
State Liaison that the Region may consider
  Withdrawing the Pesticide SMP (PSMP)
                                        Region and State work to
                                         Address Deficiencies;
                                       Use of Pesticide In Question
                                    Continues Under Terms of the PSMP
                  NO
      RA Sends a Formal Letter to
   the State Administrators Initiating the
        Withdrawal of the PSMP
          Region Publishes a
         Notice of Withdrawal In
         the FR; Sato and Use of
         Pesticide In Question
            is Prohibited
                                       ' Region and State work to
                                          Address Deficiencies;
                                       Use of Pesticide In Question
                                    Continues Under Terms of the PSMP
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Chapter 7
           Coordinating with and informing the  Regional  Ground Water
            Coordinating Committee and/or the other Regional Program Offices
            and EPA Headquarters about possible withdrawal actions; and

           Organizing the publication of the Notice of Withdrawal in the Federal
            Register (for a Pesticide SMP).

      The Regional Administrator will determine whether a Pesticide SMP should be
withdrawn. If the SMP is to be withdrawn, he/she will send a letter initiating withdrawal
and a letter of the final determination to withdraw the pesticide to the State Administrators.
The Regional Administrator is responsible for publishing the Notice of Withdrawal in the
Federal Register. As a result, the sale and use of the pesticide in the State is prohibited
(Pesticide SMP).

      The Regional Ground Water Coordinating Committee/Other Regional Program
Offices will assist the Regional Lead Office in deciding if the SMP should be withdrawn
and, if necessary, in withdrawing the plan.

       EPA Headquarters will not be directly involved in the withdrawal process for
SMPs.  However, Headquarters can provide  advice and  guidance  to the Regions, as
appropriate.
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